Constitutional theory is asetofprincipleguidelinesuponwhichthe
Constitution of the United States finds itsfootings.Primarilyaimedat
opposing the despotic nature of European governments,theUSConstitution
thus proposes and establishes such golden principles that “governmentcomes
from below and not from above; and it derives its powersfromtheconsent
of the governed; and that men have certain natural, inalienable rights;and
that it is wiseandfeasibletodistributeandbalancepowerswithin
governments, providing local powers to thelocalgovernmentsandgeneral
powers to the national government; and that men are bornequalandshould
be treated as equal before the eyes of thelaw”.(Murphy,2000;Ponceau,
Why was such a document so important to the new nation’ and Whathistorical
The importance of the US Constitution can beassessedfromobservingthe
‘Articles of Confederation’, the single document framed during thepresence
of the British armies in America. The’ArticlesofConfederation’lacked
both the national executive as wellasthenationaljudiciary.Further,
with no powers to exercise, and without theabilitytoraiseanational
military, the central government was at a loss, since powers vestedbythe
said ArticlesofConfederationdidnotallowauthorityoveritsown
citizens, it could not prevent any violation by a stateontherightsof
the other, and nor could the central governmentbuildeffectiverelations
with foreign governments. The need thusroseforanestablishmentofa
“more perfect union’, and hence the framing of the US Constitution.
Thus, be it the powers to exercise authority overitsowncitizens,make
and change laws, purse economic activity from American perspectives, tothe
effectivepursuitofAmericaninterestsbothathome and at the
int…